Legal Opinion · Dissent

Lewis v. State

Court of Appeals of Arkansas

Decided December 19, 1979No. CA CR 79-63Published

1Dissent

George Howard, Jr., Judge,

dissenting. I am unable to concur with the majority in affirming appellant’s conviction for it is plain, from a review of the record, that the State failed to comply with Rule 17 of the Rules of Criminal Procedure and the pronouncement of the Arkansas Supreme Court in Williamson v. State, 263 Ark. 401, 565 S.W. 2d 415 (1978) which articulated the duty of a prosecuting attorney when a request for disclosure is made by a defendant.

On February 6, 1978, the defendant filed a rather detailed and comprehensive motion styled “MOTION FOR DISCOVERY, FOR BILL OF PARTICULARS,…

2Cases cited5 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giles v. MarylandSupreme Court of the United States · 1967
  3. Williamson v. StateSupreme Court of Arkansas · 1978
  4. Murchison v. StateSupreme Court of Arkansas · 1971
  5. Smith v. UrbanSupreme Court of Arkansas · 1968

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